Marikana housing activist Napoleon Webster will be released on bail on Friday following six months in jail after he was charged with committing murder. Webster believes the charges are politically motivated because of his community campaigns in Marikana.

On Thursday, the Mafikeng magistrate’s court in the North West ordered that Webster be released on bail on condition that R3 000 is paid for his release.

The state charged Webster and 13 other men of hacking Sabata Petros Chale (39), an ANC councillor, to death on December 8 2016 in Marikana Extension 2, Rustenburg.
Chale was allegedly killed over the allocation of low-cost housing in the area.

But Webster, a member of the Economic Freedom Fighters and a housing activist, believes that the ANC has come after him because of his activities in the Marikana area. Support for the EFF has spread in the region.

Webster had led an occupation of government-built houses in Marikana Extension 2. The houses had been built on land donated by Lonmin mining company. The occupiers renamed the area Mambush 34 after slain Marikana miner Mgcineni Mambush Noki, who was shot dead by police during the Marikana massacre.

The houses were occupied last year in January, after protests erupted at the allocation process and the decisions around who was hired to work on the construction of the houses.

Webster was later arrested for the death of Chale, and the state brought in two witnesses who testified he was in the vigilante group who had killed Chale. Webster was denied bail in April, but his lawyers at the Socio-Economic Rights Institution (Seri), who also represent the families of the 34 slain Marikana miners, appealed the judgment.

“At the time the alleged murder took place and Napoleon is [alleged to be] part of that, we were together at Shoprite,” said Singiswa. “It is impossible that Napoleon was somewhere else at 4.45pm, as the state alleges, because he was with us. There’s no way he was part of any murder.”

Branken has been collecting testimonies to prove Webster is not guilty of the crime the state has accused him of. Student activist Zwelake Mahlamvu has also said that Webster was with him the “entire day” the murder took place and the charges are “trumped-up”.

On Thursday, after Webster had spent more than 200 days in jail, the Mafikeng magistrate court ordered that he be released after the state lawyers and Seri reached an agreement.

Branken jovially responded to the news Webster would be released in a statement on Thursday: “Prepare the celebrations, Napoleon Webster is coming home!”

The other conditions of Webster’s bail include:

He must reside in Soweto until his trial is finalised

He must report to a police station in Soweto every Friday between 6am and 6pm pending the finalisation of his trial

He must surrender his passport to the investigating officer until his trial is finalised

He may not communicate with state witnesses or interfere in the case

His attorneys may communicate with state witnesses as long as they adhere to the law

He must appear at the Rustenberg regional court on September 12 2017 and not miss any court appearances that have been ordered

Lawyers at Seri confirmed to the Mail & Guardian that Webster will be released on Friday.

Ra'eesa Pather

Ra’eesa Pather is a general news journalist with the Mail & Guardian’s online team. She cut her teeth at The Daily Vox in Cape Town before moving to Johannesburg and joining the M&G. She's written about memory, race and gender in columns and features, and has dabbled in photography. Read more from Ra'eesa Pather